Section 5 – THE RAJASTHAN APARTMENT OWNERSHIP BILL, 2015

Apartment to be heritable and transferable

Subject to the provisions of section 6, each apartment, together with the
undivided interest in the common areas and facilities appurtenant
to such apartment, shall, for all purposes, constitute as a heritable
and transferable immovable property within the meaning of any
law for the time being in force, and accordingly, an apartment
owner may transfer his apartment and the percentage of undivided
interest in the common areas and facilities appurtenant to such
apartment by way of sale, mortgage, lease, gift, exchange or in any
other manner whatsoever in the same manner, to the same extent
and subject to the same rights, privileges, obligations, liabilities,
investigations, legal proceedings, remedy and to penalty, forfeiture
or punishment as any other immovable property or make a bequest
of the same under the law applicable to the transfer and succession
of immovable property:
Provided that where the building is on leasehold land, the
transfer shall be subject to the terms and conditions of the lease:
Provided further that no apartment shall be transferred
without obtaining no-dues certificate from the Association

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